U.s. Seizes Yacht After Probe Into Drowning Turns Up Pot

September 07, 1989|By John O`Brien.

The drowning of a popular Will County teenager who was swimming in the Des Plaines River near a yacht later found to contain $25 worth of marijuana has resulted in the seizure of the $200,000 craft under the government`s Zero Tolerance antidrug program.

A federal complaint in the case, filed by Assistant U.S. Atty. Elizabeth Landes, alleged that the 50-foot yacht owned by a suburban roofing contractor, Kenneth Chartier, was ``used to transport`` 6 grams of pot-the equivalent of a quarter ounce, or about five joints.

Chartier, 39, of rural Lake in the Hills, McHenry County, said through attorney Adam Bourgeois Jr. Wednesday that he would not comment at this time about the teen`s death or the government`s legal action against his boat, a recent acquisition.

The unusual confiscation was announced Wednesday by federal agents and Sheriff John Johnsen of Will County, where 17-year-old Timothy Cotter, of Morris, died Sunday evening at a Des Plaines River marina 12 miles southwest of Joliet.

Cotter, regarded as an excellent student and swimmer, was a senior at Morris High School and played on the varsity football team.

A preliminary cause of his death was listed as drowning, according to Shirley Eichholzer, Will County chief deputy sheriff.

She said that while there was no direct evidence linking Cotter`s death to drugs of any kind, toxicology tests to detect substance abuse had been ordered by the coroner`s office.

Sheriff`s police and federal investigators acknowledged, however, that Cotter had been aboard the Chartier yacht before he died, and that the marijuana was found in a cabin dresser during a routine investigation of the apparent drowning.

Landes` forfeiture complaint said that in addition to the marijuana, several weapons were seized by a search party that boarded the yacht while it remained anchored at the Three Rivers Marina Monday.

But it was not until Tuesday night, as President Bush was delivering his televised antidrug strategy, that federal marshals impounded the vessel.

One of the weapons was identified as an AR-15 assault rifle.

Eichholzer gave this account, based on investigators` findings:

Cotter was among five youths who had gone to the marina Sunday to attend a party aboard a 35-foot houseboat. That evening Cotter accepted an invitation from someone aboard the Chartier yacht, docked nearby, to come aboard. Cotter later returned to his friends and, while diving from the houseboat, he began struggling in the river and yelling for help. He was pulled from the water about 9:30 p.m. and pronounced dead.

Sheriff Johnsen said he asked the Federal Bureau of Investigation to intervene and lay claim to the yacht after his officers discovered the 6 grams of marijuana in its cabin.

Johnsen said his officers were admitted to the yacht and given the consent of Chartier`s wife to conduct their search.

Under the government`s Zero Tolerance program, local authorities such as the Will County Sheriff`s Department can receive up to 90 percent of the equity of any properties seized for violation of drug laws.

If the federal forfeiture petition is successful and the yacht is sold at auction, Johnsen said he would use the 90 percent, or $180,000 expected to be due his department, to hold drug awareness programs and equip his deputies to fight the war on drugs.

Mass for Timothy Cotter will be said at 9:30 a.m. Thursday in Immaculate Conception Catholic Church, Morris. He is survived by his parents, Douglas and LaRae Cotter, and a brother, Douglas Jr.